Hacharaddin Sk@Hasaruddin And ORS v. State Of West Bengal
07.10.2021 tkm/ct 29 C.R.M. 4202 of 2021 sl no. 66 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kaliganj P.S Case no. 237 of 2021 dated 1.5.2021 under sections 498A/307/34 of the IPC and section 4 of the DP Act And Allowed In Re : Hacharaddin Sk @ Hasaruddin & Ors ...... petitioners Ms. Karabi Roy ...... for the petitioners Mr. B K Roy Ms. Rita Datta ...... for the State Petitioners seek anticipatory bail.
Learned advocate for the petitioners submits that police submitted charge sheet and, therefore, custodial interrogation of the petitioners are not necessary. She highlights medical condition of some of the petitioners.
Learned advocate for the State draws the attention of this Court to the statement recorded under section 164 Cr.P.C of the victim.
Considering the statement recorded under section 164 Cr.P.C and considering the medical condition of some of the petitioners and the fact that police submitted charge sheet, we are inclined to grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest, the petitioners namely Hacharaddin Sk @ Hasruddin, Jamaluddin Sk, Rajifa Sk @ Rajifa Bibi and Yessmin Bibi @ Sabina @ Bulti shall be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973. Petitioner nos. 3 and 4 shall co-operate with investigation in accordance with law. Petitioners shall appear before the jurisdictional court and pray for regular bail within four weeks from date. The application being CRM 4202 of 2021 is disposed of. (Ananda Kumar Mukherjee, J.) (Debangsu Basak, J.)